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May 2019 Use of Elizabeth Moys Classification Scheme in the Management of Law Collections in Nigeria Lucky Stephen Godwin Mr. Redeemer's University, Ede, Osun State, Nigeria, [email protected]

Adebiyi Anthony Adepoju Mr. Redeemer's University, Ede, Osun State, Nigeria, [email protected]

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Godwin, Lucky Stephen Mr. and Adepoju, Adebiyi Anthony Mr., "Use of Elizabeth Moys Classification Scheme in the Management of Law Collections in Nigeria" (2019). Library Philosophy and Practice (e-journal). 2584. https://digitalcommons.unl.edu/libphilprac/2584 Use of Elizabeth Moys Classification Scheme in the Management of Law Collections in Nigeria

By

Godwin, Lucky Stephen (B.Sc. LIS, M.Sc. Inf. Sci., Ph. D. LIS in View)

Tekena Tamuno Library

Redeemer’s University, Ede, Nigeria

[email protected], [email protected]

+2348060650128

Adepoju, adebiyi Anthony (LLB, LLM, M. Phil, BL)

Legal Practitioner and Lecturer College of Law, Redeemer’s University, Ede, Nigeria

[email protected], [email protected]

+2348037545270

ABSTRACT

In order to diligently pursue legal profession, as an undergraduate law student in a reputable institution like ours, Redeemer’s university, Nigeria, law students must cultivate the habit of an in-depth research capacity so as to articulate their minds on the legal research which lawyers are known for. As required by the law profession regulating body like Council of Legal Education that any university willing to train students to become lawyers must comply with certain criteria which among other things included the usage of Elizabeth Moys Classification Scheme in organizing law collections in law library. This paper explain the use of Elizabeth Moys classification scheme in the classification of law collections based on the experience from the classification of law collections of Redeemer’s University Law Library collections, Nigeria. The focus of this paper is to further simplify the use of class KP as it focuses more on jurisdiction (Own country). Nigeria was used as a practical example. Table I and II in this work simplify the use of the scheme by eliciting basic information needed to classify Nigeria jurisdiction collections. Effort was put in place to appropriately modify the main 5th edition of the Moys scheme for easy usage. The explanatory design method was used for this study as the methodology of the work. An observation method was also used to compare and identify the relationship between the existing library of congress being used and the adopted Moys classification scheme used for the classification of law collections. The funding of this work showed that there is difference in the class K of Library of Congress Classification Scheme (LCcs) and the Moys Classification Scheme. The result also shown that Moys Classification Scheme covered all areas of subjects of law in its schedule and tables and explains all subject areas of law. The implication of this result is that Moys classification scheme is the most suitable for the classification of law collections. This is because the scheme is dedicated the classification of law subjects alone. The usage of the scheme will also enhance uniformity and consortium among law libraries in Nigeria and the global world. Keywords: Classification Scheme, Moys Classification Scheme, Law Library, Law Collections, Redeemer’s University, Nigeria INTRODUCTION A law library is the library set up to provide legal information resources to assist judicial officers, other members of the court and their clients in case of the court, law scholars and students in an academic institutions and other law officers in ministries, police stations and other law related institutions(Gusau, 2017). A law library, rightly regarded, is one of the most formidable achievements of the human intellect. As well in its essential character and significance, as in its magnitude and its terrible possibilities of infinite growth, it is a thing well calculated to excite the emotions of wonder and of fear. The important of law library cannot be over emphasis because the information resources found in law library are stretching back for long centuries, of men's thoughts and endeavors in the way of justice. A law library, however, is not a mere dead record of a dead past. It is something far more than a collection of historical materials. It represents in large part a living, operative authoritative, expression of the human spirit. True it is that the men who penned these old statutes, and they whose judgments and opinions are preserved in those old volumes of reports and textbooks, are long dead and dust, but their spirit remains alive in these books and their words are still words of authority and power by which the living are ruled and governed (Salmond, 1922). Law Collections comprise legal information sources that are dynamic, frequently published, and in serial forms, because law is regarded as a growing discipline. Collections of law libraries are the bedrocks of all the services they can offer and determinant of the extent to which such services can be provided. These collections can be categorized into three, primary sources, secondary sources, and finding tools or tertiary sources. Primary sources are the information containing law, they are books of law rather than books on law. Examples are Constitutions, Laws, Acts, Decrees, Edicts, Gazettes, Law reports are courts and appellate court decisions, regulations and ruling of administrative agencies. Secondary sources are information sources about law which are not themselves sources of legal authority. They vary widely in quality, form and authority. Although they lack legal authority in a formal sense, some may have a persuasive influence in the process of law-making by virtue of the recognized prestige of their authors or quality of their scholarship. Examples are journals, textbooks, treatises, commentaries, restatements and other periodicals. While finding tools or tertiary sources of legal information are means of locating the primary sources of legal information. They provide access to large body of law, great number of decisions and statutes issued over time. This facilitates effective operations of the doctrine of precedents because judge and legal practitioners can have access to decided cases relevant to a particular case or problem. Examples are digests of decisions, curators, encyclopedia, phrase books, annotated statutory completions, loose leaf services, and indexes. Collections of a law library must be reasonably good diverse. Such collections must include all the categories of information sources mentioned above, and available in both print and non print form. Legal information sources in non-print form are available in database such as LEXIS-NEXIS, LAWTEL, LEGALPEDIA, LAWSCOPE among others. THE LAW LIBRARY AND ITS MANAGEMENT Library can be perceived in two major ways. First, library as a store house of information and library as a place of intellectual management. The information which library preserve and manage include books, periodicals and other printed materials which can also include films, recording of various forms, video and sound tapes or almost any format. Library can also be in form of a room or building where books and other records and information are kept for reading, copy and borrowing. Modern library is of two main forms 1. A physical library of books, and other records; and 2. E-library or electronic library; which involves the use of internet or information super highway using information and communication technology Duties of a law librarian Lawyers of high professional integrity devote and spend good quality hours in library so as to make good submission on any legal issues. In an ideal law library In this situation, the importance of the law librarian as a very important research source cannot be over emphasized. The law librarian in most cases are being referred to as specialist which give solution to legal problem inform of providing vital information on specific subject in an ideal law library and it is even a criteria for a would be university that will like to study law to have a trained lawyer to manage and superintend law library. Presently most of big law firm in Nigeria have cultivated the habit of having a trained lawyer as their firm law librarian. Having law librarian will aid researcher’s work of research and make it simpler. Types of information collection in a law library There may be various kinds of law information collections in a well stocked and diversified law library. The kind of information collections one may find in a law library includes: 1. Statutes 2. Law reports 3. Textbooks 4. Periodical and journals 5. Reference books 6. Newspapers and magazine 7. E-resources Statutes: Statutes or legislations are usually published in volumes as statute books. These include:

• The laws of the Federation of Nigeria past and present. For example the laws of the Federation of Nigeria 2004. • The past and present laws of any of the 36 States of Nigeria. For instance, the Laws of Lagos State of Nigeria 2003 • The past and present statutes of any foreign country, as the library may have. Law Reports: Law reports are the decisions of the courts published in volumes periodically, at such intervals as the publishers may determine. Law reports include the reports of the decisions of the:

• Supreme Court of Nigeria • Court of Appeal • High Courts • Any tribunal or court howsoever designated, and whether existing or abolished such as the West African Court of Appeal (WACA), that has been abolished and whether it is a Nigerian law report, or foreign law report. Nigerian Law Reports: Law reports in Nigeria are numerous. Example of law reports in Nigeria are listed below:

• All Nigerian Law Reports - All NLR • Nigerian Weekly law Reports - NWLR • Supreme court Reports - SC • Federation Weekly law Report - FWLR • Weekly Report of Nigeria - WRN • River State Law Reports - RSLR • Plateau State Law Reports - PLR, among others. Foreign Law Reports: There are numerous foreign law reports. Examples of foreign law reports that can be found in a law library in Nigeria include:

• All England Reports - All ER • Queen’s Bench Reports - QB United Kingdom • King Bench Reports - KB United Kingdom • Appeal Cases - AC United Kingdom • Weekly Law Reports - WLR United Kingdom • English Reports - ER United Kingdom • Chancery Reports - Ch • Probate Reports - P • Dominion Law Reports - DLR • Commonwealth Law Reports - CLR Commonwealth • All India Reporter - AIR India • Ghana Law Reports - GLR Ghana, among others. Textbooks: Textbooks are books on any legal subject or related fields as the library may have. They may be written by:

• Local authors; or • Foreign authors. Periodicals: A periodical is a magazine, journal, brochure, newsletter, catalogue or other book, or information published at fixed intervals of time, such, as once a month, bi- annually, that is, twice a year, once a year and so forth, whatever its name or field of specialization. A periodical may be Nigerian or foreign. Local Journals: Law journal of various names and fields of specialization are published by law faculties, bodies and persons across the world. A journal may be Nigerian: In Nigerian law journal are published across the law faculties of Nigerian universities, and also by private bodies, and persons across the country. They are so numerous. Examples include:

• LASU Law Journal – Lagos State University • Ambrose Alli University Law Journal – AAU, Ekpoma • Ahmadu Bello University Law Journal – ABU, Zaria • Igbinedion University Law Journal – IU, Okada • Nigerian Law and Practice Journal – Nigerian Law School • University of Calabar Law Journal – Unical Foreign Journals: Foreign journals of various denominations are published at different intervals by law faculties of universities, institute, public and private bodies, Foundations and persons across the world. Foreign journals are so numerous. A few examples include:

• Harvard Law Review • Yale Law Journal • Michigan law Review • Boston University Law Review • University of Chicago Law Review • American Bar Association Journal • Australian Law Journal • Cambridge Law Journal Reference Resources: Reference books are books containing facts and information, about various subjects, such as, a dictionary, encyclopedia, catalogue, brochure, telephone directory, list of statutes, and so forth, which is checked to find information on a particular subject. A reference book may be foreign or local; examples of reference books are numerous and include:

• Halsbury’s Laws of England • Encyclopedia of the Laws of England • Stroud’s Judicial Dictionary • Index to Nigerian Weekly Law Reports- By Gani Fawehinmi • All England Reports Consolidated Tables and Index • The Bar and the Bench- By Gani Fawehinmi • The Current law Citators 1977-1978, covers all case for the specified period • Black’s Law Dictionary • Osborn’s Concise Law Dictionary • Dictionary of Law- by L.B Curzon, among others. Newspaper and Magazine: There are many newspaper and magazines, Whatever their name and interval of publication. A newspaper or magazine may be Nigerian or foreign. CLASSIFICATION OF LAW LIBRARY COLLECTIONS New World book defined library classification is a system of coding and organizing library materials (books, serials, audiovisual materials, computer files, maps, manuscripts, realia) according to their subject and allocating a call number to that information resource. According to Berwick Sayers defined library classification is the arrangement of books on shelves or descriptions of them, in the manner which is most useful to those who read. Similarly, Dr. S R Ranganathan defined library classification as the translation of the name of the subject of a book into a preferred artificial language of ordinal numbers, and the individualization of the several books dealing with the same specific subject by means of further set of ordinal numbers which represent some features of the book other than their thought content. Several researches have reported that classification scheme for law libraries collections arrived late in librarianship when compared with other subject’s collections. This could be attributed to the fact that law libraries collections were initially limited, and the alphabetical arrangement sorted the purpose of the law librarians then. For instance, Dewey Decimal Classification Scheme treated law materials as part of social science by assigning the notation (Dewey: 340). While Library of Congress in its classification scheme classified law materials using “Class K” of the scheme which was not adequate to cater for law materials, for instance, materials on land law are classified in HD 1141-1239. This evidently resulted in scattering of law books on the shelves because of the inadequacy of these classification schemes (Tuyo, 2011). The classification scheme that recognizes the peculiarity of the nature of the law collection is the Elizabeth Moys Classification Scheme (EMCS). This is because other schemes treat legal publications from subject perspectives; Moys organizes law collections by their nature and jurisdiction that is primary sources, secondary sources, and Law Reference and Law Journals. This approach facilitates easy access to Law and legal publications of a country needed by the users. In Nigeria’s case, the scheme provides an appendix on legal information sources emanating from Nigerian States, from independence to date (Amusa & Iyoro, 2011). Elizabeth Moys is regarded as a specialized classification scheme as the law library is a specialized library. One of the benefit of Moys scheme as a specialized classification scheme is that it facilitates consortium building among law libraries. As such, law libraries that intend entering into a consortium will only do so with libraries using the same classification scheme. This will ensure that once a publication has been classified by any member of the consortium, there will be no need by any of the cooperating libraries to repeat the classification whenever it acquires such (Nwalo 2006). Moys Scheme has been adopted as Classification Scheme for law libraries worldwide. Many academic law libraries in Nigeria are using the scheme to organize their resources including Redeemer’s University law library, Nigeria. Redeemers University Law Library was established in 2017 on the approval of the College of Law by National University Commission (NUC). The building of the library collections commences immediately by the process of selection and acquisition of relevant law materials to form basis of the law library. The university library used Library of Congress Classification Scheme to classify its collections and the class K of LCC was use to classify existing law collections. It was discovered during the processing of the newly acquired law collection that the LCC was not suitable for law collections. The 5th edition of Elizabeth Moys scheme was adopted to organize the law collections. ELIZABETH MOYS CLASSIFICATION SCHEME The Moys Classification Scheme is a system of library classification for legal materials. It was designed by Betty Moys and first published in 1968. It is used primarily in law libraries in many common law jurisdictions such as Canada, , , and the United Kingdom. The Moys system is designed to fit into a library that utilises Library of Congress Classification (LCC). The primary reason for this is that LCC had not fully developed the K class (the class for Law) at the time when the Moys system was developed. In addition, LCC is the main classification system used in academic libraries. This commonality is the rationale behind adopting the same notation style used in the LCC Class K. The subclasses and enumeration are very different in the two systems. Though, as with LCC, a set of numbers follows the class letters to indicate specific subject areas (however there is notably less use of decimal points in the Moys system than in LCC). BASIC STRUCTURE OF THE MOYS CLASSIFICATION SCHEME Basic General Classes

K - Journals and reference books

KA – Jurisprudence

KB - General and comparative law

KC - International law

KD - Religious legal systems

KE - Ancient and medieval law

KF-KN - Common law

KF - British Isles

KG - Canada, US, West Indies

KH - Australia, New Zealand

KL - General

KM - Public law

KN - Private law KP - Preferred jurisdiction (Own country)

KR - Africa

KS - Latin America

KT - Asia and Pacific

KV - Europe

KW - European Community Law (alternative)

KZ - Non-legal subjects Source: Moys Classification Scheme 5th edition (2013)

CLASS KP PREFERRED JURISDICTION (OWN COUNTRY) Most of the law libraries in Nigeria have adopted KP for classifying law publication on Nigeria and by Nigerian. Class KP has been set aside as an optional alternative for use by any law library which finds that the provision in the main schedules for law of its own country or any other preferred jurisdiction is unsuitable or inadequate. Any library using class KP should compile its own schedule, preferable based on table I and II according to local requirement. NIGERIA REQUIREMENT FOR CLASS KP PREFERRED JURISDICTION Table I: Primary Materials

S/N Subject Nigeria (A) Region (B) State (C) Official Gazettes 1 1 1 Parliamentary publications 2 2 2 Upper House 3 .1 .1 Journals under Upper House 4 .2 .15 Debates under Upper House 5 .3 .2 Bills under Upper House 6 .4 .3 Committees, A-Z under Upper House 7 .5 .3 Lower House 9 .3 .5 Journals under Lower House 10 .1 .55 Debates under Lower House 11 .2 .6 Bills under Lower House 12 .3 .7 Committees, A-Z under Lower House 13 .4 .8 Legislation Constitution 14 .9 .9 Statutes Collections, by date 15 .4 .3 Annual, Sessional 16 .5 .2 Private, local personal 17 .3 .3 Emergency legislation .4 .4 Indexes, tables 18 .6 .6 Subordinate legislation Collections, by date 20 .7 .4 Annual, Sessional 21 .8 .2 Indexes, tables 22 .9 .3 Codes (annotated codes may be placed with the subject, using Table II) Collection 24 .10 .5 Civil 25 .1 .1 Civil procedure 26 .2 .2 Commercial 27 .3 .3 Criminal, penal 28 .4 .4 Administrative 29 .5 .5 Legislation Codes Social, labour, etc 30 .6 .6 Financial, taxation, etc 31 .7 .7 Others, by subject A-Z 32 .8 .8 Local legislation Counties, department, etc., A-Z 34 .12 .6 Cities, towns etc., A-Z 35 .5 .5 Administrative and executive publications Attorney-General, etc 36 .131 .71 Other governments department A-Z 37 .2 .2 Ad hoc commissions, committees, etc 38 .3 .3 Law Report Early reports (dates vary with jurisdiction) 40 .14 .81 Modern reports All, or several courts, by title, A-Z 41 .15 .2 Single courts, or special subjects by title, A-Z 42 .2 .25 State trials 43 .3 .3 Individual cases (for arrangement see note at KF72) 45 .16 .5 Administrative decision Collections 47 .171 .91 By department, A-Z 48 .2 .2 Digest, etc (Place materials relating to a particular series of reports with the reports) Historical digests 50 .18 .10 Modern digests 51 .19 .05 Treaties (texts) 59 .8 .8 Journals (Alternative to KI) 60 .20 .109 Source: Modified from Moys Classification Scheme 5th edition (2013) Table II: Subjects of Law

Subjects Country(A) Region (B) State (C) Legal system 61 .21 .11 Bibliography ( alternative to K30-76) 61.1 .211 .116 Customary law 62 .22 .12 By tribe, etc, A-Z 62.5 .5 .5 Special subjects, A-Z 62.9 .9 .9 Legal dictionaries 63 .23 .13 Legal profession 64 .24 .14 Law offices, business organization 64.5 .5 .5 Associations 64.8 .8 .8 Legal education 65 .25 .5 Legal research, law reform 66 .26 .9 Administrative of justice 68 .27 .15 Courts 69 .2 .2 Court management 69.2 .22 .22 Judiciary 69.5 .25 .25 Legal officers 69.7 .27 .27 Juries 70 .4 .4 Legal aid 71 .6 .6 Statistics 72 .28 .16 Legal history 74 .29 .17 Special subjects of Legal history A-Z 75 .30 .18 Constitutional law 77 .31 .19 Special subjects of Constitutional law 77.5 .1 .1 Executive 78 .2 .2 Legislature 79 .4 .4 Nationality 80 .6 .6 Civil rights 81 .8 .8 Equal opportunities 81.5 .9 .9 Administrative law 82 .32 .20 Government 83 .2 .2 Government departments, Public administration 83.2 .22 .22 Civil service 83.3 .23 .23 Public finance 84 .4 .4 Taxation 84.5 .5 .5 Other government regulations 85 .6 .6 Local government 86 .8 .8 Military law 87 .9 .9 Criminal law and procedure 90 .33 .21 Classification of crimes 90.2 .2 .2 Criminal liability 90.3 .3 .3 Crimes, A-Z 91 .34 .22 Law enforcement 92 .35 .5 Police 92.2 .2 .52 Criminal records 92.4 .4 .54 Criminal procedure 93 .36 .23 Sentences 93.2 .2 .2 Evidence 93.4 .4 .4 Witnesses 93.5 .5 .5 Prison law 94 .9 .9 Private law (civil) 95 .37 .24 Conflict of law 95.5 .375 .245 Contract law 97 .39 .26 Special aspects 98 .2 .2 Agency 99 .40 .4 Tort, delict 100 .41 .27 Negligence 100.5 .1 .1 Special aspects 101 .2 .2 Property law 103 .42 .28 Real property 104 .43 .29 Land tenure, conveyancing 105 .2 .2 Natural resources, energy 106 .6 .4 Landlord and tenant 107 .44 .6 Environmental law 107.2 .44 .6 Planning 107.25 .25 .71 Environmental health, pollution 107.4 .4 .8 Agricultural law 107.6 .6 9 Personal property 108 .45 .30 Intellectual property 109 .46 .2 Inheritance and succession 110 .47 .31 Persons and social laws 112 .48 .32 Persons, names 113 .49 .2 Corporate personality 114 .50 .33 Family law 116 .52 .35 Marriage 117 .53 .35 Reproduction, fertility 117.2 .2 .22 Special aspects A-Z 117.3 .3 .23 Divorce, etc 117.4 .4 .24 Cohabitation, etc 117.6 .6 .26 Domestic violence 117.7 .7 .27 Children, young persons 118 .54 .4 Child welfare 118.5 .5 .45 Social laws 120 .56 .36 Social services, social security 121 .2 .2 Community care, homelessness 121.5 .5 .5 Education 122 .57 .04 Libraries, public records, etc 122.5 .5 .5 Public health, medical law 123 .58 .6 Food 123.3 .3 .63 Industrial law 124 .59 .37 Equity, trusts 126 .60 .38 Commercial law 127 .61 .39 Company law 128 .62 .40 Partnership 129 .02 .2 Monopolies, competition 130 .63 .6 Industries, A-Z 131 .64 .8 Sales of goods Consumers protection 132 .65 .41 Insurance (except marine) 133 .66 .42 Finance, banking 134 .67 .43 Financial services 134.5 .675 .435 Bankruptcy, insolvency 135 .68 .9 Transport Road, railways 136 .69 .44 Air law 137 .70 .5 Marine law 138 .71 .45 Salvage, marine 139 .72 .2 Insurance Fisheries 140 .73 .4 Communication 141 .74 .46 Media law, censorship 142 .75 .5 Computer law 143 .5 .7 Procedure (general and civil) 144 .76 .47 Special aspects, A-Z 145 .2 .2 Pleadings 146 .4 .4 Evidence 147 .77 .48 Witnesses 147.3 .3 .3 Special aspects, A-Z 147.9 .9 .9 Arbitration 148 .78 .49 Judgments 148.9 .9 .9 Remedies 149 79 .50 Execution 149.5 .5 .5 Costs 150 .80 .9 Source: Modified from Moys Classification Scheme 5th edition (2013) GENERAL USE OF CLASS KP TABLES I AND II The above tables are to be used to classified materials published by Nigerian and about Nigeria. The tables are sub-divided into region and state depending on the scope of treatment of the material been classify. These tables should be used in conjunction with the main schedules wherever the scheme so directs. The class KP is used for jurisprudence (Own country). For example, a book title perspective on criminal law and criminal justice by Fatula, Olugbemi A. will be classified as KP90. F38. KP will be used as the class mark for preferred jurisdiction (Own country) which is Nigeria, this is because the author of the book is a Nigerian. Table II will be used because the material is subjects of Law (textbook) and the class number will be 90 according to table II which is criminal law while F38 is the cutter number for Fatula using the standard cutter table. The above tables are applicable to all subjects’ area of law published by Nigerian and on Nigeria. CONCLUSION Moys Classification scheme is becoming more popular in classifying law collections among law libraries in Nigeria. This may be as a result that Nigerian University Commission (NUC) and Council of Legal Education (CLE) recommended the scheme for law libraries in universities in Nigeria. The use of Moys classification scheme for law librarians have been found to be very easy and not at all cumbersome, especially since it is a one volume scheme. The focus of this paper is to further simplify the use of class KP as it focuses more on Nigeria collection as our own country. Table I and II above simplify the use of the scheme by eliciting basic information needed to classify Nigeria jurisdiction collections. Effort was put in place to appropriately modify the main 5th Moys scheme for easy usage. However, consultation of the 5th edition of the may scheme is important to make sure that a book is classify appropriately. Also, there is need for the law librarian to use the knowledge of classification to keep update in development in the subjects of law. This is because, law as a subject is very dynamic and the emergence of new areas of law subject is inevitable.

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